KENYA FOREST SERVICE

KENYA FOREST SERVICE

TENDER NAME: TO DEVELOP A HARMONIZED LANDSCAPE

PLANNING FRAMEWORK

TENDER N0. KFS/WaTER/03/2016-2017

JANUARY 2017

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TABLE OF CONTENTS

TABLE OF CONTENTS ............................................................................................................................. 2

SECTION I- LETTER OF INVITATION ………………………………………………....3

SECTION II: - INFORMATION TO CONSULTANTS (ITC) ............................................................... 5

SECTION III: - TECHNICAL PROPOSAL .......................................................................................... 15

SECTION IV: - FINANCIAL PROPOSAL ........................................................................................... 25

SECTION V: - TERMS OF REFERENCE ............................................................................................ 33

SECTION VI: ......................................................................................................................................... 36

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SECTION I- LETTER OF INVITATION

TO: (Name and Address of Consultants) Date 18.01.2017

Dear Sir/Madam,

RE: To develop a harmonized landscape planning framework

1.1 Kenya Forest Service invites proposals for the following consultancy services: To develop a

harmonized landscape planning framework

1.2 The request for proposals (RFP) includes the following documents:

Section I - Letter of invitation

Section II - Information to consultants

Appendix to Consultants information

Section III - Terms of Reference

Section IV - Technical proposals

Section V - Financial proposal

Section VI - Standard Contract Form

1.3 Upon receipt, please inform us

(a) that you have received the letter of invitation

(b) whether or not you will submit a proposal for the assignment

Yours sincerely

Victor Kobia

SECTION II – INFORMATION TO CONSULTANTS (ITC)

Table of Contents

2.1 Introduction ................................................................................................................................ 5

2.2 Clarification and Amendment of RFP Documents ..................................................................... 5

2.3 Preparation of Technical Proposal .............................................................................................. 6

2.4 Preparation of Financial Proposal ............................................................................................... 7

2.5 Submission, Receipt, and Opening of Proposals ........................................................................ 7

2.6 Proposal Evaluation General ...................................................................................................... 8

2.7 Evaluation of Technical Proposal ............................................................................................... 8

2.8 Public Opening and Evaluation of Financial Proposal ............................................................... 9

2.9 Negotiations .............................................................................................................................. 10

2.10 Award of Contract................................................................................................................. 10

2.11 Confidentiality ...................................................................................................................... 11

2.12 Corrupt or fraudulent practices ............................................................................................. 11

Appendix to information to consultants .................................................................................................. 12

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SECTION II: - INFORMATION TO CONSULTANTS (ITC)

2.1 Introduction

2.1.1 The Client named in the Appendix to “ITC” will select a firm among those invited to submit a

proposal, in accordance with the method of selection detailed in the appendix. The method of

selection shall be as indicated by the procuring entity in the Appendix.

2.1.2 The consultants are invited to submit a Technical Proposal and a Financial Proposal, or a

Technical Proposal only, as specified in the Appendix “ITC” for consulting services required for

the assignment named in the said Appendix. A Technical Proposal only may be submitted in

assignments where the Client intends to apply standard conditions of engagement and scales of

fees for professional services which are regulated as is the case with Building and Civil

Engineering Consulting services. In such a case the highest ranked firm of the technical proposal

shall be invited to negotiate a contract on the basis of scale fees. The proposal will be the basis

for Contract negotiations and ultimately for a signed Contract with the selected firm.

2.1.3 The consultants must familiarize themselves with local conditions and take them into account in

preparing their proposals. To obtain first hand information on the assignment and on the local

conditions, consultants are encouraged to liase with the Client regarding any information that they

may require before submitting a proposal and to attend a pre-proposal conference where

applicable. Consultants should contact the officials named in the Appendix “ITC” to arrange for

any visit or to obtain additional information on the pre-proposal conference. Consultants should

ensure that these officials are advised of the visit in adequate time to allow them to make

appropriate arrangements.

2.1.4 The Procuring entity will provide the inputs specified in the Appendix “ITC”, assist the firm in

obtaining licenses and permits needed to carry out the services and make available relevant

project data and reports.

2.1.5 Please note that (i) the costs of preparing the proposal and of negotiating the Contract, including

any visit to the Client are not reimbursable as a direct cost of the assignment; and (ii) the Client is

not bound to accept any of the proposals submitted.

2.1.6 The procuring entity’s employees, committee members, board members and their relative (spouse

and children) are not eligible to participate.

2.1.7 The price to be charged for the tender document shall not exceed Kshs.5,000/=

2.1.8 The procuring entity shall allow the tenderer to review the tender document free of charge before

purchase.

2.2 Clarification and Amendment of RFP Documents

2.2.1 Consultants may request a clarification of any of the RFP documents only up to seven [7] days

before the proposal submission date. Any request for clarification must be sent in writing by

paper mail, cable, telex, facsimile or electronic mail to the Client’s address indicated in the

Appendix “ITC”. The Client will respond by cable, telex, facsimile or electronic mail to such

requests and will send written copies of the response (including an explanation of the query but

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without identifying the source of inquiry) to all invited consultants who intend to submit

proposals.

2.2.2 At any time before the submission of proposals, the Client may for any reason, whether at his

own initiative or in response to a clarification requested by an invited firm, amend the RFP. Any

amendment shall be issued in writing through addenda. Addenda shall be sent by mail, cable,

telex or facsimile to all invited consultants and will be binding on them. The Client may at his

discretion extend the deadline for the submission of proposals.

2.3 Preparation of Technical Proposal

2.3.1 The Consultants proposal shall be written in English language

2.3.2 In preparing the Technical Proposal, consultants are expected to examine the documents

constituting this RFP in detail. Material deficiencies in providing the information requested may

result in rejection of a proposal.

2.3.3 While preparing the Technical Proposal, consultants must give particular attention to the

following:

(i) If a firm considers that it does not have all the expertise for the assignment, it may obtain

a full range of expertise by associating with individual consultant(s) and/or other firms or

entities in a joint venture or sub-consultancy as appropriate. Consultants shall not

associate with the other consultants invited for this assignment. Any firms associating in

contravention of this requirement shall automatically be disqualified.

(ii) For assignments on a staff-time basis, the estimated number of professional staff-time is

given in the Appendix. The proposal shall however be based on the number of

professional staff-time estimated by the firm.

(iii) It is desirable that the majority of the key professional staff proposed be permanent

employees of the firm or have an extended and stable working relationship with it.

(iv) Proposed professional staff must as a minimum, have the experience indicated in

Appendix, preferably working under conditions similar to those prevailing in Kenya.

(v) Alternative professional staff shall not be proposed and only one Curriculum Vitae (CV)

may be submitted for each position.

2.3.4 The Technical Proposal shall provide the following information using the attached Standard

Forms;

(i) A brief description of the firm’s organization and an outline of recent experience on

assignments of a similar nature. For each assignment the outline should indicate inter

alia, the profiles of the staff proposed, duration of the assignment, contract amount and

firm’s involvement.

(ii) Any comments or suggestions on the Terms of Reference, a list of services and facilities

to be provided by the Client.

(iii) A description of the methodology and work plan for performing the assignment.

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(iv) The list of the proposed staff team by specialty, the tasks that would be assigned to each

staff team member and their timing.

(v) CVs recently signed by the proposed professional staff and the authorized representative

submitting the proposal. Key information should include number of years working for the

firm/entity and degree of responsibility held in various assignments during the last ten (10)

years.

(vi) Estimates of the total staff input (professional and support staff staff-time) needed to

carry out the assignment supported by bar chart diagrams showing the time proposed for

each professional staff team member.

(vii) A detailed description of the proposed methodology, staffing and monitoring of training, if

Appendix “A” specifies training as a major component of the assignment.

(viii) Any additional information requested in Appendix “A”.

2.3.5 The Technical Proposal shall not include any financial information.

2.4 Preparation of Financial Proposal

2.4.1 In preparing the Financial Proposal, consultants are expected to take into account the

requirements and conditions outlined in the RFP documents. The Financial Proposal should

follow Standard Forms (Section D). It lists all costs associated with the assignment including; (a)

remuneration for staff (in the field and at headquarters), and; (b) reimbursable expenses such as

subsistence (per diem, housing), transportation (international and local, for mobilization and

demobilization), services and equipment (vehicles, office equipment, furniture, and supplies),

office rent, insurance, printing of documents, surveys, and training, if it is a major component of

the assignment. If appropriate these costs should be broken down by activity.

2.4.2 The Financial Proposal should clearly identify as a separate amount, the local taxes, duties, fees,

levies and other charges imposed under the law on the consultants, the sub-consultants and their

personnel, unless Appendix “A” specifies otherwise.

2.4.3 Consultants shall express the price of their services in Kenya Shillings.

2.4.4 Commissions and gratuities, if any, paid or to be paid by consultants and related to the assignment

will be listed in the Financial Proposal submission Form.

2.4.5 The Proposal must remain valid for 60 days after the submission date. During this period, the

consultant is expected to keep available, at his own cost, the professional staff proposed for the

assignment. The Client will make his best effort to complete negotiations within this period. If

the Client wishes to extend the validity period of the proposals, the consultants shall agree to the

extension.

2.5 Submission, Receipt, and Opening of Proposals

2.5.1 The original proposal (Technical Proposal and, if required, Financial Proposal; see Para. 1.2) shall

be prepared in indelible ink. It shall contain no interlineation or overwriting, except as necessary

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to correct errors made by the firm itself. Any such corrections must be initialed by the persons or

person authorised to sign the proposals.

2.5.2 For each proposal, the consultants shall prepare the number of copies indicated in Appendix “A”.

Each Technical Proposal and Financial Proposal shall be marked “ORIGINAL” or “COPY” as

appropriate. If there are any discrepancies between the original and the copies of the proposal, the

original shall govern.

2.5.3 The original and all copies of the Technical Proposal shall be placed in a sealed envelope clearly

marked “TECHNICAL PROPOSAL,” and the original and all copies of the Financial Proposal

in a sealed envelope clearly marked “FINANCIAL PROPOSAL” and warning: “DO NOT

OPEN WITH THE TECHNICAL PROPOSAL”. Both envelopes shall be placed into an

outer envelope and sealed. This outer envelope shall bear the submission address and other

information indicated in the Appendix “ITC” and be clearly marked, “DO NOT OPEN,

EXCEPT IN PRESENCE OF THE OPENING COMMITTEE.”

2.5.4 The completed Technical and Financial Proposals must be delivered at the submission address on

or before the time and date stated in the Appendix “ITC”. Any proposal received after the closing

time for submission of proposals shall be returned to the respective consultant unopened.

2.5.5 After the deadline for submission of proposals, the Technical Proposal shall be opened

immediately by the opening committee. The Financial Proposal shall remain sealed and

deposited with a responsible officer of the client department up to the time for public opening of

financial proposals.

2.6 Proposal Evaluation General

2.6.1 From the time the bids are opened to the time the Contract is awarded, if any consultant wishes to

contact the Client on any matter related to his proposal, he should do so in writing at the address

indicated in the Appendix “ITC”. Any effort by the firm to influence the Client in the proposal

evaluation, proposal comparison or Contract award decisions may result in the rejection of the

consultant’s proposal.

2.6.2 Evaluators of Technical Proposals shall have no access to the Financial Proposals until the

technical evaluation is concluded.

2.7 Evaluation of Technical Proposal

2.7.1 The evaluation committee appointed by the Client shall evaluate the proposals on the basis of

their responsiveness to the Terms of Reference, applying the evaluation criteria as follows

Points

(i) Specific experience of the consultant

related to the assignment (10)

(ii) Adequacy of the proposed work plan and

methodology in responding to the terms

of reference (40)

(iii) 3Qualifications and competence of

the key staff for the assignment (40)

(iv) Suitability to the transfer of Technology

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Programme (Training) (10)

Total Points 100__

Each responsive proposal will be given a technical score (St). A proposal shall be rejected at this

stage if it does not respond to important aspects of the Terms of Reference or if it fails to achieve

the minimum technical score indicated in the Appendix “ITC”.

2.8 Public Opening and Evaluation of Financial Proposal

2.8.1 After Technical Proposal evaluation, the Client shall notify those consultants whose proposals did

not meet the minimum qualifying mark or were considered non-responsive to the RFP and Terms

of Reference, indicating that their Financial Proposals will be returned after completing the

selection process. The Client shall simultaneously notify the consultants who have secured the

minimum qualifying mark, indicating the date and time set for opening the Financial Proposals

and stating that the opening ceremony is open to those consultants who choose to attend. The

opening date shall not be sooner than seven (7) days after the notification date. The notification

may be sent by registered letter, cable, telex, facsimile or electronic mail.

2.8.2 The Financial Proposals shall be opened publicly in the presence of the consultants’

representatives who choose to attend. The name of the consultant, the technical. Scores and the

proposed prices shall be read aloud and recorded when the Financial Proposals are opened. The

Client shall prepare minutes of the public opening.

2.8.3 The evaluation committee will determine whether the financial proposals are complete (i.e.

Whether the consultant has costed all the items of the corresponding Technical Proposal and

correct any computational errors. The cost of any unpriced items shall be assumed to be included

in other costs in the proposal. In all cases, the total price of the Financial Proposal as submitted

shall prevail.

2.8.4 While comparing proposal prices between local and foreign firms participating in a selection

process in financial evaluation of Proposals, firms incorporated in Kenya where indigenous

Kenyans own 51% or more of the share capital shall be allowed a 10% preferential bias in

proposal prices. However, there shall be no such preference in the technical evaluation of the

tenders. Proof of local incorporation and citizenship shall be required before the provisions of

this sub-clause are applied. Details of such proof shall be attached by the Consultant in the

financial proposal.

2.8.5 The formulae for determining the Financial Score (Sf) shall, unless an alternative formulae is

indicated in the Appendix “ITC”, be as follows:-

Sf = 100 X FM/F where Sf is the financial score; Fm is the lowest priced financial proposal and F

is the price of the proposal under consideration. Proposals will be ranked according to their

combined technical (St) and financial (Sf) scores using the weights (T=the weight given to the

Technical Proposal: P = the weight given to the Financial Proposal; T + p = I) indicated in the

Appendix. The combined technical and financial score, S, is calculated as follows:- S = St x T %

+ Sf x P %. The firm achieving the highest combined technical and financial score will be invited

for negotiations.

2.8.6 The tender evaluation committee shall evaluate the tender within 21 days of from the date of

opening the tender.

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2.8.7 Contract price variations shall not be allowed for contracts not exceeding one year (12 months).

2.8.8 Where contract price variation is allowed, the variation shall not exceed 10% of the original

contract price

2.8.9 Price variation requests shall be processed by the procuring entity within 30 days of receiving the

request.

2.9 Negotiations

2.9.1 Negotiations will be held at the same address as “address to send information to the Client”

indicated in the Appendix “ITC”. The aim is to reach agreement on all points and sign a contract.

2.9.2 Negotiations will include a discussion of the Technical Proposal, the proposed methodology

(work plan), staffing and any suggestions made by the firm to improve the Terms of Reference.

The Client and firm will then work out final Terms of Reference, staffing and bar charts

indicating activities, staff periods in the field and in the head office, staff-months, logistics and

reporting. The agreed work plan and final Terms of Reference will then be incorporated in the

“Description of Services” and form part of the Contract. Special attention will be paid to getting

the most the firm can offer within the available budget and to clearly defining the inputs required

from the Client to ensure satisfactory implementation of the assignment.

2.9.3 Unless there are exceptional reasons, the financial negotiations will not involve the remuneration

rates for staff (no breakdown of fees).

2.9.4 Having selected the firm on the basis of, among other things, an evaluation of proposed key

professional staff, the Client expects to negotiate a contract on the basis of the experts named in

the proposal. Before contract negotiations, the Client will require assurances that the experts will

be actually available. The Client will not consider substitutions during contract negotiations

unless both parties agree that undue delay in the selection process makes such substitution

unavoidable or that such changes are critical to meet the objectives of the assignment. If this is

not the case and if it is established that key staff were offered in the proposal without confirming

their availability, the firm may be disqualified.

2.9.5 The negotiations will conclude with a review of the draft form of the Contract. To complete

negotiations the Client and the selected firm will initial the agreed Contract. If negotiations fail,

the Client will invite the firm whose proposal received the second highest score to negotiate a

contract.

2.9.6 The procuring entity shall appoint a team for the purpose of the negotiations.

2.10 Award of Contract

2.10.1 The Contract will be awarded following negotiations. After negotiations are completed, the

Client will promptly notify other consultants on the shortlist that they were unsuccessful and

return the Financial Proposals of those consultants who did not pass the technical evaluation.

2.10.2 The selected firm is expected to commence the assignment on the date and at the location

specified in Appendix “A”.

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2.10.3 The parties to the contract shall have it signed within 30 days from the date of notification of

contract award unless there is an administrative review request.

2.10.4 The procuring entity may at any time terminate procurement proceedings before contract award

and shall not be liable to any person for the termination.

2.10.5 The procuring entity shall give prompt notice of the termination to the tenderers and on request

give its reasons for termination within 14 days of receiving the request from any tenderer.

2.10.6 To qualify for contract awards, the tenderer shall have the following:

(a) Necessary qualifications, capability experience, services, equipment and facilities to provide

what is being procured.

(b) Legal capacity to enter into a contract for procurement

(c) Shall not be insolvent, in receivership, bankrupt or in the process of being wound up and is

not the subject of legal proceedings relating to the foregoing.

2.11 Confidentiality

2.11.1 Information relating to evaluation of proposals and recommendations concerning awards shall

not be disclosed to the consultants who submitted the proposals or to other persons not officially

concerned with the process, until the winning firm has been notified that it has been awarded the

Contract.

2.12 Corrupt or fraudulent practices

2.12.1 The procuring entity requires that the consultants observe the highest standards of ethics during

the selection and award of the consultancy contract and also during the performance of the

assignment.

2.12.2 The procuring entity will reject a proposal for award if it determines that the consultant

recommended for award has engaged in corrupt or fraudulent practices in competing for the

contract in question.

2.12.3 Further a consultant who is found to have indulged in corrupt or fraudulent practices risks being

debarred from participating in public procurement in Kenya.

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Appendix to information to consultants

The following information for procurement of consultancy services and selection of consultants

shall complement or amend the provisions of the information to consultants, wherever there is a

conflict between the provisions of the information and to consultants and the provisions of the

appendix, the provisions of the appendix herein shall prevail over those of the information to

consultants.

Clause Reference

2.1 The name of the Client is: _KENYA FOREST SERVICE______________________

2.1.1 The method of selection is: Quality and Cost Based Selection (QCBS)_________________

2.1.2 Technical and Financial Proposals are requested: Yes ___

The name, objectives, and description of the assignment are:___ To develop a harmonized

landscape planning framework

The consultant will review existing sectoral planning frameworks including county plans to

inform an integrated landscape planning framework

2.1.3 A pre-proposal conference will be held: __ No ___________________________

The name(s),address(es) and telephone numbers of the Client’s official(s) are:___

Director,

Kenya Forest Service

P.O. Box 30513-0200

Nairobi.

Tel: 020 2020285

2.1.4 The Client will provide the following inputs:

Provide, to the consultant, any assistance that may be required during the course of execution of

the contract. Nominate Liaison Officer (s) and counterpart staff who will work closely and

maintain regular contact with the consultant on matters regarding this consultancy.

2.4.6 Proposals must remain valid 90 days after the submission

2.1.6 Training is a specific component of this assignment:__ No ____

2.4.2 Taxes: All applicable taxes to be included in the Financial Proposals

2.5.2 Consultants must submit an original and_1 additional copy of each proposal.

_______________________________________________________________

2.5.3 The proposal submission address is: Director,

Kenya Forest Service Head Quarters,

Karura off Kiambu Road

or posted to the Director ,Kenya Forest Service P.O Box 30513-00100 _________

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Information on the outer envelope should also include: Tender number and name indicated in the

invitation to tender and the words: ‘ DO NOT OPEN BEFORE 3RD FEBRUARY, 2017 AT

10:00 A.M”

2.5.4 Proposals must be submitted no later than the following date and time: 3RD FEBRUARY, 2017

AT 10:00 A.M.

2.6.1 The address to send information to the Client is:_______________

Director,

Kenya Forest Service

P.O. Box 30513-0200

Nairobi

Email: [email protected] copy to

[email protected]

2.6.3 The minimum technical score required to pass:_75 points

2.7.1 The Evaluation Committee shall evaluate the proposals on the basis of their responsiveness to the

Mandatory Requirements of the RFP and Terms of Reference, applying the evaluation criteria as

follows:

A. Preliminary Evaluation Criteria (Mandatory Requirements)

The tenderer must:

(i) Submit the required number of copies of both the technical and financial proposals

(ii) Submit certificate of registration/incorporation

(iii) Submit a valid tax compliance certificate

(iv) Submit a dully filled Technical Proposal Submission Form, Financial Proposal Submission

Form, Activity (Work) Schedule Form, Firm’s References Form

(v) Provide a statement declaring that you are not debarred from participating in Public

Procurement.

(vi) Provide statement declaring that you will not engage in any corrupt practice

B. Technical Evaluation Criteria

Technical evaluation criteria

Evaluation attribute Maximum

score

(Marks)

1 Specific experience of the tenderer in two similar assignments in formulating

natural resource management plans for ecosystems or strategic plans 10

2 Adequacy of the technical approach and methodology 25

3 Detailed Work plan to execute the assignment 15

4 Suitability to the transfer of Technology Programme (Training) 10

5 Qualification and experience of Key staff

i. 1. Lead Consultant – a) should have a post graduate degree in

Natural resources/ planning and management/ land use

planning/spatial or strategic planning.

b) At least 5 years relevant experience and knowledge in

natural resources management policies, legislation and

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guidelines

(Attach CV)

i. a). Two (2) associate consultants a) should have a post

graduate degree in Forestry/ environmental sciences/

watershed management/wildlife management.

ii. b) At least 3 years relevant experience

(Attach CVs)

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Total 100

The Pass mark for Technical Evaluation will be seventy five percent (75%).

Candidates that will have attained those points will have their financial proposals evaluated.

C) Financial Evaluation

Financial Evaluation

The Evaluation Committee will determine whether the financial

proposal is complete (i.e. whether the tenderer has costed all the

items of the corresponding Technical Proposal and correct any

computational errors. The cost of any unpriced items shall be

assumed to be included in other costs in the proposal. In all cases,

the total price of the Financial Proposal as submitted shall prevail.

The formulae for determining the Financial Score (Sf) shall be as

follows:-

Sf = 100 X FM/F

where Sf is the financial score; FM is the lowest priced financial

proposal and F is the price of the proposal under consideration.

The combined technical and financial score, S, is calculated as

follows:-

S = St x T % + Sf x P %. Where St is the technical score. The firm

achieving the highest combined technical and financial score will

be invited for negotiations.

The weights given to the Technical and Financial Proposals are:

T=___0.80______

P=___0.20______

2.9.2 The assignment is expected to commence within 5 working days after the entry Meeting at

Kenya Forest Service Headquarters

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SECTION III: - TECHNICAL PROPOSAL

Table of Contents

Notes on the preparation of the Technical Proposals.......................................................................... 16

1. TECHNICAL PROPOSAL SUBMISSION FORM ...................................................................... 17

2. FIRM’S REFERENCES ................................................................................................................ 18

3. COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF REFERENCE

AND ON DATA, SERVICES AND FACILITIES TO BE PROVIDED BY THE CLIENT. ........... 19

4. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING

THE ASSIGNMENT .......................................................................................................................... 20

5. TEAM COMPOSITION AND TASK ASSIGNMENTS .............................................................. 21

6. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF ..... 22

7. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL ......................................................... 23

8. ACTIVITY (WORK) SCHEDULE ............................................................................................... 24

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Notes on the preparation of the Technical Proposals

3.1 In preparing the technical proposals the consultant is expected to examine all terms and

information included in the RFP. Failure to provide all requested information shall be at the

consultants own risk and may result in rejection of the consultant’s proposal.

3.2 The technical proposal shall provide all required information and any necessary additional

information and shall be prepared using the standard forms provided in this Section.

3.3 The Technical proposal shall not include any financial information unless it is allowed in the

Appendix to information to the consultants or the Special Conditions of contract.

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1. TECHNICAL PROPOSAL SUBMISSION FORM

[_______________ Date]

To:______________________[Name and address of Client)

Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting services for __________________

_______________________________[Title of consulting services] in accordance with your Request for

Proposal dated ______________________[Date] and our Proposal. We are hereby submitting our

Proposal, which includes this Technical Proposal, [and a Financial Proposal sealed under a separate

envelope-where applicable].

We understand you are not bound to accept any Proposal that you receive.

We remain,

Yours sincerely,

_______________________________[Authorized Signature]:

________________________________[Name and Title of Signatory]

:

_________________________________[Name of Firm]

:

_________________________________[Address:]

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2. FIRM’S REFERENCES

Relevant Services Carried Out in the Last Five Years

That Best Illustrate Qualifications

Using the format below, provide information on each assignment for which your firm either individually,

as a corporate entity or in association, was legally contracted.

Assignment Name:

Country

Location within Country: Professional Staff provided by Your

Firm/Entity(profiles):

Name of Client:

Clients contact person for the assignment.

Address:

No of Staff-Months;

Duration of Assignment:

Start Date (Month/Year):

Completion Date (Month/Year):

Approx. Value of Services (Kshs)

Name of Associated Consultants. If any:

No of Months of Professional Staff provided by

Associated Consultants:

Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed:

Narrative Description of project:

Description of Actual Services Provided by Your Staff:

Firm’s Name: ___________________________________

Name and title of signatory; ________________________

(May be amended as necessary)

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3. COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF

REFERENCE AND ON DATA, SERVICES AND FACILITIES TO BE

PROVIDED BY THE CLIENT.

On the Terms of Reference:

1.

2.

3.

4.

5.

On the data, services and facilities to be provided by the Client:

1.

2.

3.

4.

5.

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4. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR

PERFORMING THE ASSIGNMENT

21

5. TEAM COMPOSITION AND TASK ASSIGNMENTS

1. Technical/Managerial Staff

Name Position Task

2. Support Staff

Name Position Task

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6. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL

STAFF

Proposed Position: _____________________________________________________________

Name of Firm: _________________________________________________________________

Name of Staff: __________________________________________________________________

Profession: _____________________________________________________________________

Date of Birth: __________________________________________________________________

Years with Firm: ___________________________ Nationality: ______________________

Membership in Professional Societies: __________________________________________

Detailed Tasks Assigned: _______________________________________________________

Key Qualifications:

[Give an outline of staff member’s experience and training most pertinent to tasks on assignment. Describe degree of

responsibility held by staff member on relevant previous assignments and give dates and locations].

Education:

[Summarize college/university and other specialized education of staff member, giving names of schools, dates attended and

degree[s] obtained.]

Employment Record:

[Starting with present position, list in reverse order every employment held. List all positions held by staff member since

graduation, giving dates, names of employing organizations, titles of positions held, and locations of assignments.]

Certification:

I, the undersigned, certify that these data correctly describe me, my qualifications, and my experience.

_________________________________________________________ Date: ________________ [Signature of staff member]

___________________________________________________________________ Date; ______________

[Signature of authorised representative of the firm]

Full name of staff member: _____________________________________________________

Full name of authorized representative: _________________________________________

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7. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

Months (in the Form of a Bar Chart)

Name Position Reports Due/

Activities

1

2

3

4

5

6

7

8

9

10

11

12

Number of months

Reports Due: _________

Activities Duration: _________

Signature: ________________________

(Authorized representative)

Full Name: ________________________

Title: ______________________________

Address: ___________________________

24

8. ACTIVITY (WORK) SCHEDULE

(a). Field Investigation and Study Items

[1st,2nd,etc, are months from the start of assignment)

1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th

Activity (Work)

(b). Completion and Submission of Reports

Reports Date

1. Inception Report

4. Interim Progress Report

(a) First Status Report

(b) Second Status Report

3. Draft Report

4. Final Report

25

SECTION IV: - FINANCIAL PROPOSAL

Table of Contents

Notes on preparation of Financial Proposal ........................................................................................ 26

1. FINANCIAL PROPOSAL SUBMISSION FORM ....................................................................... 27

2. SUMMARY OF COSTS ............................................................................................................... 28

3. BREAKDOWN OF PRICE PER ACTIVITY ............................................................................... 29

4. BREAKDOWN OF REMUNERATION PER ACTIVITY .......................................................... 30

5. REIMBURSABLES PER ACTIVITY .......................................................................................... 31

6. MISCELLANEOUS EXPENSES ................................................................................................. 32

26

Notes on preparation of Financial Proposal

4.1 The Financial proposal prepared by the consultant should list the costs associated with the

assignment. These costs normally cover remuneration for staff, subsistence, transportation,

services and equipment, printing of documents, surveys etc as may be applicable. The costs

should be broken done to be clearly understood by the procuring entity.

4.2 The financial proposal shall be in Kenya Shillings or any other currency allowed in the request for

proposal and shall take into account the tax liability and cost of insurances specified in the request

for proposal.

4.3 The financial proposal should be prepared using the Standard forms provided in this part

27

1. FINANCIAL PROPOSAL SUBMISSION FORM

________________[ Date]

To: ______________________________________

______________________________________

______________________________________

[Name and address of Client]

Ladies/Gentlemen:

We, the undersigned, offer to provide the consulting services for (____________) [Title of consulting

services] in accordance with your Request for Proposal dated (__________________) [Date] and our

Proposal. Our attached Financial Proposal is for the sum of

(_________________________________________________________________) [Amount in words

and figures] inclusive of the taxes.

We remain,

Yours sincerely,

_____________________________[Authorized Signature]

:

_____________________ [Name and Title of Signatory]:

_______________________ [Name of Firm]

______________________ [Address]

28

2. SUMMARY OF COSTS

Costs Currency(ies) Amount(s)

Subtotal

Taxes

Total Amount of Financial Proposal

__________________

29

3. BREAKDOWN OF PRICE PER ACTIVITY

Activity NO.: _______________________

Description:_________________________

Price Component

Amount(s)

Remuneration

Reimbursables

Miscellaneous Expenses

Subtotal

30

4. BREAKDOWN OF REMUNERATION PER ACTIVITY

Activity No. _________________________________ Name:_______________________

Names Position Input(Staff months, Remuneration Amount

days or hours Rate as appropriate.)

Regular staff

(i)

(ii)

Consultants

Grand Total

31

5. REIMBURSABLES PER ACTIVITY

Activity No: ________________________________ Name:______________________

No. Description Unit Quantity Unit Price Total Amount

1.

2

3.

4.

Air travel

Road travel

Rail travel

Subsistence

Allowance

Grand Total

Trip

Kms

Kms

Day

32

6. MISCELLANEOUS EXPENSES

Activity No. ______________________________ Activity Name: _______________________

No.

1.

2.

3.

4.

Description

Communication costs____

_________________________

(telephone, telegram, telex)

Drafting, reproduction of reports

Equipment: computers etc.

Software

Grand Total

Unit Quantity Unit Price Total Amount

33

SECTION V: - TERMS OF REFERENCE

1. Programme Background

The Kenya’s Water Towers Protection and Climate Change Mitigation and Adaptation (WaTER)

Programme is a 4 year Programme being implemented in Mt Elgon and Cherengany Hills water towers

covering Uasin Gishu, West Pokot, Trans-Nzoia, Nandi, Elgeyo Marakwet, Bungoma, Kakamega,

Vihiga, Busia, Siaya and Kisumu counties. This programme is implemented under the Ministry of

Environment and Natural Resources and funded through a grant by the European Union.

The Overall Objective of the programme is to support Kenya eradicate poverty through enhancing the

productivity of ecosystem services of Kenya's critical ecosystems and enhance resilience to climate

change of her water sources. The purpose is to improve the quality and quantity of ecosystem services

provided by Kenya's water towers through increased forest cover, improved landscape and natural

resource management, and waste management systems leading to increased benefits to rural communities

from forest, agriculture and agro-forestry land use systems. The programme has four key result areas led

by different implementers at both national and county levels. These are:

Key Result Area 1: Capacity building and systems strengthening including overall coordination by the

Ministry of Environment and Natural Resources.

Key Result Area 2: Improving the quality and quantity of ecosystem services. Kenya Forest Service in

partnership with Kenya Water Towers Agency, Kenya Wildlife Services and Climate Change Directorate

will formulate integrated management plans and implement the climate change mitigation and adaptation

plan in the landscape.

Key Result Area 3: Landscape engagement. County Governments are supported to identify, appraise

and implement rehabilitation, reclamation, restoration, incentives mechanism and other relevant activities

for ecologically and economically sustainable land use systems for protection of the Mount Elgon and

Cherengany Hills ecosystem.

Key Result Area 4: Science to Inform Design of Community-Level Actions and Policy Decisions. This

result will seek to support the programme by bringing in the application of scientific principles to inform

design of community level actions and national policy decisions on rehabilitation and conservation in the

two ecosystems. The key implementer is the Kenya Forestry Research Institute (KEFRI).

2. Purpose and objective of consultancy

Currently there exists a multiplicity of both sectoral and county integrated development plans addressing

landscape management/natural resources management developed under different planning frameworks.

This has often led to conflicts, competition and lack of complementarities in the implementation. The

programme under Key Result Area 2 intends to have a harmonized planning framework to ensure the

various sectoral plans relate at landscape level for harmony and complementarity.

The objective of the consultancy is to develop a harmonized landscape planning framework to be used in

Cherangany and Mt Elgon landscapes.

3. Scope

The consultant will review existing relevant sectoral planning frameworks including county plans to

inform an integrated landscape planning framework.

Specific tasks and mode of work

1. Prepare and submit an inception report detailing work plan and methodology for the assignment

to Technical Implementing Committee

2. Collect and collate the existing institutional planning frameworks in the landscape

34

3. Collect stakeholder views through meetings and workshops

4. Review policies , legislations and regulations on landscape planning

5. Identify and review the best practices in landscape planning in similar ecosystems.

6. Formulate a harmonized planning framework to provide a multi stakeholder approach to planning

at all levels in the landscape.

7. Present the draft and final harmonized planning framework to stakeholders in workshops.

4. Methodology

The approach to development of harmonized planning framework shall be participatory involving all key

stakeholders. The consultant is expected to provide detailed information on proposed methodology

5. Expected Output

The following are the main deliverables/outputs of the Consultancy

Inception report detailing methodology and work plan.

A draft harmonized planning framework

A preliminary report of the assignment

Workshop reports

Final Harmonized planning framework

A popular version of the harmonized planning framework

6. Qualification and experience required

The lead consultant must have a post graduate degree either in Natural Resources Planning and

Management, Land-use Planning, Spatial or Strategic Planning with at least 5 years relevant

experience and knowledge in natural resources management policies, legislation and guidelines.

Associate consultant with a post graduate degree in Forestry, Environmental Sciences, Watershed

Management or Wildlife Management with 3 years work experience.

Proven experience in formulating natural resource management plans or strategic plans for

ecosystems.

Knowledgeable in natural resource management policies, legislation and guidelines.

Availability to start work on short notice and to undertake and complete the consultancy within

the specified time period.

Good communication and writing skills

7. Reporting

The Consulting firm will work closely with Technical Implementation Committee and report to the

Project Manager, Key Result Area 2. All reports must be written in English and submitted in both

35

printed (3 bound hard copies) and electronic format to the project manager WaTER Towers project at

Kenya Forest Service Headquarters, Karura.

8. Time frame

The consultancy is expected to take twenty five consultancy days (25) spread in 3 months.

9. Payments

The consultant will be paid;

1. 30% of the fees upon submission of a satisfactory inception report.

2. 30% after submitting a draft harmonized planning framework

3. 40% upon submitting harmonized planning framework document and assignment report

10. Responsibility of the consultant

The consultant should meet all the cost of logistics (transport, accommodation, subsistence, stationery)

and all that appertains to the consultancy including his/their participation in workshops.

11. Responsibility of the client

The client will provide all relevant project documents and technical reports to the consultant. The client

will meet workshop expenses as well as cost of participation of his staff in the consultancy

12. Application

Interested consultancy firms that fulfill the requirements above should submit;

Organization profile including the CVs of key staff.

Detailed related work undertaken in the recent past and letters of confirmation from clients.

Technical proposal with an elaborate methodology, clear work plan on how they will conduct the

task and financial offer.

An itemized budget for consultancy fees

36

SECTION VI: STANDARD FORMS OF CONTRACT

Small Assignments

Lump-sum payments

37

SAMPLE CONTRACT FOR CONSULTING SERVICES

SMALL ASSIGNMENTS

LUMP-SUM PAYMENTS

CONTRACT

This Agreement, [hereinafter called “the Contract”) is entered into this _____________[Insert starting

date of assignment], by and between ________________________________________[Insert Client’s

name] of [or whose registered office is situated

at]____________________________________________[insert Client’s address](hereinafter called “the

Client”) of the one part AND

____________________________________________ [Insert Consultant’s name] of [or whose

registered office is situated at]_____________________________________[insert Consultant’s

address](hereinafter called “the Consultant”) of the other part.

WHEREAS the Client wishes to have the Consultant perform the services [hereinafter referred to as “the

Services”, and

WHEREAS the Consultant is willing to perform the said Services,

NOW THEREFORE THE PARTIES hereby agree as follows:

1. Services (i) The Consultant shall perform the Services specified in

Appendix A, “Terms of Reference and Scope of Services,” which is made

an integral part of this Contract.

(ii) The Consultant shall provide the personnel listed in Appendix B,

“Consultant’s Personnel,” to perform the Services.

(iii) The Consultant shall submit to the Client the reports in the form and within

the time periods specified in Appendix C, “Consultant’s Reporting

Obligations.”

2. Term The Consultant shall perform the Services during the period commencing

on_____________ [Insert starting date] and continuing through to_____________

[Insert completion date], or any other period(s) as may be subsequently agreed by

the parties in writing.

(i)

3. Payment A. Ceiling

For Services rendered pursuant to Appendix A, the Client shall pay the

Consultant an amount not to exceed___

_____________ [Insert amount]. This amount has been established based

on the understanding that it includes all of the Consultant’s costs and

profits as well as any tax obligation that may be imposed on the Consultant.

B. Schedule of Payments

The schedule of payments is specified below (Modify in order to reflect the

output required as described in Appendix C.)

38

Kshs______________________ upon the Client’s receipt of a copy of this

Contract signed by the Consultant;

Kshs______________________ upon the Client’s receipt of the draft

report, acceptable to the Client; and

Kshs______________________ upon the Client’s receipt of the final

report, acceptable to the Client.

Kshs______________________ Total

C. Payment Conditions

Payment shall be made in Kenya Shillings unless otherwise specified not

later than thirty [30] days following submission by the Consultant of

invoices in duplicate to the Coordinator designated in Clause 4 herebelow.

If the Client has delayed payments beyond thirty (30) days after the due

date hereof, simple interest shall be paid to the Consultant for each day of

delay at a rate three percentage points above the prevailing Central Bank of

Kenya’s average rate for base lending.

4. Project A. Coordinator.

Administration

The Client designates __________________[insert name] as Client’s

Coordinator; the Coordinator will be responsible for the coordination of

activities under this Contract, for acceptance and approval of the reports

and of other deliverables by the Client and for receiving and approving

invoices for payment.

B. Reports.

The reports listed in Appendix C, “Consultant’s Reporting Obligations,”

shall be submitted in the course of the

(ii)

assignment and will constitute the basis for the payments to be made under

paragraph 3.

5. Performance The Consultant undertakes to perform the Services with

Standards the highest standards of professional and ethical competence and integrity.

The Consultant shall promptly replace any employees assigned under this

Contract that the Client considers unsatisfactory.

6. Confidentiality The Consultant shall not, during the term of this Contract and within two

years after its expiration, disclose any proprietary or confidential

information relating to the Services, this Contract or the Client’s business

or operations without the prior written consent of the Client.

7. Ownership of Any studies, reports or other material, graphic, software

39

Material or otherwise prepared by the Consultant for the Client under the Contract

shall belong to and remain the property of the Client. The Consultant may

retain a copy of such documents and software.

8. Consultant Not The Consultant agrees that during the term of this

to be Engaged Contract and after its termination the Consultant and

in certain any entity affiliated with the Consultant shall be

Activities disqualified from providing goods, works or services (other than the

Services and any continuation thereof) for any project resulting from or

closely related to the Services.

9. Insurance The Consultant will be responsible for taking out any appropriate insurance

coverage.

10. Assignment The Consultant shall not assign this Contract or sub-contract any portion of

it without the Client’s prior written consent.

11. Law Governing The Contract shall be governed by the laws of Kenya and

Contract and the language of the Contract shall be English Language.

Language

12. Dispute Any dispute arising out of the Contract which cannot be

Resolution amicably settled between the parties shall be referred by either party to the

arbitration and final decision of a person to be agreed between the parties.

Failing agreement to concur in the appointment of an Arbitrator, the

Arbitrator shall be appointed by the chairman of the Chartered Institute of

Arbitrators, Kenya branch, on the request of the applying party.

(iii)

FOR THE CLIENT FOR THE CONSULTANT

Full name; ______________________________ Full name;______________________

Title: ____________________________________Title: ____________________________

Signature;_______________________________Signature;____________________

Date;____________________________________Date;_________________________

(iv)

40

LIST OF APPENDICES

Appendix A: Terms of Reference and Scope of Services

Appendix B: Consultant’s Personnel

Appendix C: Consultant’s Reporting Obligations

(v)

41

LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity

_____________________

_____________________

To:

RE: Tender No.

Tender Name

This is to notify that the contract/s stated below under the above mentioned tender have been awarded to

you.

1. Please acknowledge receipt of this letter of notification signifying your acceptance.

2. The contract/contracts shall be signed by the parties within 30 days of the date of this letter but

not earlier than 14 days from the date of the letter.

3. You may contact the officer(s) whose particulars appear below on the subject matter of this letter

of notification of award.

(FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER

42

FORM RB 1 REPUBLIC OF KENYA

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO…………….OF……….….20……...

BETWEEN

…………………………………………….APPLICANT

AND

…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of the Procuring Entity) of ……………dated

the…day of ………….20……….in the matter of Tender No………..…of …………..20…

REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical address…………….Fax

No……Tel. No……..Email ……………, hereby request the Public Procurement Administrative Review Board to

review the whole/part of the above mentioned decision on the following grounds , namely:-

1.

2.

etc.

By this memorandum, the Applicant requests the Board for an order/orders that: -

1.

2.

etc

SIGNED ……………….(Applicant)

Dated on…………….day of ……………/…20…

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on ………… day of

………....20….………

SIGNED

Board Secretary